Loading...
   309.03 EXCEPTIONS.
   This chapter shall not apply to the following:
   (a)    Funeral processions;
   (b)    Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities;
   (c)    A governmental agency acting within the scope of its functions; and
   (d)    Spontaneous events occasioned by news or affairs coming into public knowledge within three days of such public assembly, provided that the organizer thereof hand delivers written notice to the office of the Mayor, at least twenty-four hours prior to such parade or public assembly, providing the information required by Section 309.04(d).
      (Ord. 1999-65. Passed 12-8-99.)
   309.04 APPLICATION.
   (a)    A person seeking a parade or public assembly permit shall file an application with the Mayor on forms provided by the Mayor and the application shall be signed by the applicant under oath.
   (b)    For single, non-recurring parades or public assemblies, an application for a permit shall be filed with the Mayor at least ten and not more than one hundred eighty days before the parade or public assembly is proposed to commence. The Mayor may waive the minimum ten day filing period and accept an application filed within a shorter period if, after due consideration of the date, time, place, and nature of the parade or public assembly, the anticipated number of participants, and the municipal services required in connection with the event, the Mayor determines that the waiver will not present a hazard to public safety.
   (c)    For parades or public assemblies held on a regular or recurring basis at the same location, an application for a permit covering all such parades or assemblies during that calendar year may be filed with the Mayor at least sixty and not more than one hundred eighty days before the date and time at which the first such parade or public assembly is proposed to commence. The Mayor may waive the minimum sixty day period after due consideration of the factors specified in subsection (b) above.
   (d)    The application for a parade or public assembly permit shall set forth the following information:
       (1)    The name, address and telephone number of the person seeking to conduct such parade or public assembly;
       (2)    The names, addresses and telephone numbers of the headquarters of the organization for which the parade or public assembly is to be conducted, if any, and the authorized and responsible heads of the organization;
      (3)    The requested date of the parade or public assembly;
       (4)    The route to be traveled, including the starting point and the termination point;
       (5)    The approximate number of persons who, and animals and vehicles which will constitute such parade or public assembly and the type of animals and description of the vehicles;
       (6)    The hours when such parade or public assembly will start and terminate;
      (7)    A statement as to whether the parade or public assembly will occupy all or only a portion of the width of the streets proposed to be traversed;
      (8)    The location by street of any assembly areas for such parade or public assembly;
       (9)    The time at which units of the parade or public assembly will begin to assemble at any such area;
      (10)    The intervals of space to be maintained between units of such parade or public assembly;
      (11)    If the parade or public assembly is designed to be held by, or on behalf of, any person other than the applicant, the applicant for such permit shall file a letter from that person with the Mayor authorizing the applicant to apply for the permit on his behalf;
      (12)    The type of public assembly, including a description of activities planned during the event;
      (13)    A description of any recording equipment, sound amplification equipment, banners, signs, or other attention-getting devices to be used in connection with the parade or public assembly;
      (14)    The approximate number of participants (spectators are by definition not participants);
      (15)   The approximate number of spectators;
      (16)    A designation of any public facilities or equipment to be utilized; and
      (17)    Any additional information that the Mayor finds reasonably necessary to a fair determination as to whether a permit should issue.
         (Ord. 1999-65. Passed 12-8-99.)
   309.05 FEES.
   (a)    A non-refundable fee as provided in Chapter 105 to cover administrative costs of processing the permit shall be paid to the Municipality by the applicant when the application is filed.
   (b)    If the application is for the use of any municipal property or if any municipal services shall be required for the parade or public assembly, the applicant shall pay, prior to the issuance of a permit, the charges for those services in accordance with a schedule of service costs approved by Council.
(Ord. 1999-65. Passed 12-8-99.)
   309.06 POLICE PROTECTION.
   (a)    The Chief of Police shall make a written report determining whether and to what extent additional police protection is reasonably necessary for the parade or public assembly for traffic control and public safety. The report shall be filed with the Mayor promptly. The Chief of Police shall base this decision on the size, location, duration, time and date of the event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the streets and sidewalks. The speech content of the event shall not be a factor in determining the amount of police protection necessary. If possible, without disruption of ordinary police services or compromise of public safety, regularly scheduled on-duty personnel will police the event.
   If additional police protection for the public assembly is deemed necessary by the Chief of Police, he shall provide written notice to the applicant for the permit, with a copy to the Mayor. The applicant then shall have the duty to secure the police protection deemed necessary by the Chief of Police at the sole expense of the applicant. (See also Section 155.21)
   (b)    Persons engaging in parades or public assemblies conducted for the sole purpose of public issue speech protected under the First Amendment are not required to pay for any police protection provided by the Municipality.
(Ord. 1999-65. Passed 12-8-99.)
   309.07 STANDARDS FOR ISSUANCE.
   (a)    The Mayor shall issue a permit as provided for herein when, after consideration and review of the application and such other information as may otherwise be obtained, the Mayor finds that:
       (1)    The conduct of the parade or public assembly will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location;
      (2)    The conduct of the parade or public assembly shall not require the diversion of so great a number of police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the Municipality;
      (3)    The concentration of persons, animals, and vehicles at public assembly points of the parade or public assembly will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such public assembly areas;
       (4)    The conduct of the parade or public assembly is not reasonably likely to cause injury to persons or property;
       (5)    The parade or public assembly is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;
       (6)    Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas;
       (7)    There are sufficient parking places near the site of the parade or public assembly to accommodate the number of vehicles reasonably expected;
       (8)    The applicant has secured the police protection, if any, required under Section 309.06 and 155.21;
       (9)    Such parade or public assembly is not for the primary purpose of advertising any product, goods or event that is primarily for private profit, and the parade itself is not primarily for profit. The prohibition against advertising any product, goods or event shall not apply to signs identifying organizations or sponsors furnishing or sponsoring exhibits or structures used in the parade;
      (10)    No parade or public assembly permit application for the same time and location is already granted or has been received and will be granted;
      (11)    No parade or public assembly permit application for the same time and location is already granted or has been received and will be granted, and the police resources required for that prior parade or public assembly are so great that in combination with the subsequent proposed application, the resulting deployment of police services would have an immediate and adverse effect upon the welfare and safety of persons and property; and
      (12)    No event is scheduled elsewhere in the Municipality where the police resources required for that event are so great that the deployment of police services for the proposed parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons and property.
   (b)    No permit shall be granted that allows for the erection or placement of any structure, whether permanent or temporary, on a street, sidewalk or right-of-way unless advance approval for the erection or placement of the structure is obtained.
(Ord. 1999-65. Passed 12-8-99.)
Loading...